beta
(영문) 대법원 2016.03.10 2016도37

특수절도

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and argued only unfair sentencing on the grounds of appeal.

In this case, the argument that the court below erred in the misapprehension of legal principles or the incomplete trial on Amendments to Bill of Indictment cannot be a legitimate ground for appeal.

Meanwhile, the argument that the provisions of Article 331 (2) and (1) of the Criminal Code are unconstitutional cannot be accepted.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.